8 Treatment in immigration control detention facilities
		8-2 Securing transparency in immigration administration 8-2-1 The immigration administration shall disclose every document related to detention facilities, including staff training curricula and textbooks, notifications and documents legally obliged to be produced. 8-2-2 The immigration administration shall disclose every document relating to administrative dispositions(??????)to the party concerned in his first language, together with the written reason for any of such dispositions. 8-2-3 The immigration administration shall allow researchers from the private sector and NGOs to inspect and visit the detention facilities. 8-2-4 Multi-lingual documentation shall be carried out for general and detailed rules of treatment and procedures which are distributed in the immigration control facilities. 8-3 General treatment to be improved in the immigration control detention facilities 8-3-5 The staff shall use name plates when on duty. 8-3-6 The staff working conditions shall be ameliorated and staffing shall be carried out in an adequate manner. 8-3-7 Human rights education shall be given more intensively to the staff to make them more fully aware of the international standards of human rights. 8-3-8 While in detention the detainee shall always be allowed to have access to any rule which must be observed in the detention center including the general and detailed rules of detention, written in his first language. 8-3-9 Periodic maintenance checks shall be made to the detention centers so that necessary repairs can be made as needed in order to provide the detainees with a better living environment. An outdoor exercise facility shall be provided as soon as possible to any detention center lacking such a facility. 8-3-10 The reasons for using solitary confinement and a warning system prior to using solitary confinement shall be strictly determined. 8-3-11 In particular, the solitary confinement room shall be so constructed so that the detainee may not be exposed to surveillance at all times, and at least, the toilet shall be screened. 8-3-12 No limitation shall be made on the detainee in terms of communications with the outside, including telephone, letter and interview. In principle no limits shall be made on the contents of communications, and even in case of necessity, they shall be limited under strict conditions. 8-3-13 Medical staff shall be stationed. The detainee shall be given medical checks when he is detained, and medical records shall be kept, too. An interpreter shall be present when the detainee is medically treated. Upon request, access to outside medical institutions can be made by the detainee. 8-3-14 The detainee shall be allowed to take a shower at least every other day. If he desires, he shall be able to take a shower once a day for a period of 20 minutes or longer. 8-4 detainee's casework 8-4-15 The detention center shall work hand in hand with NGOs to address and bring solutions to troubles with regard to the detainee. 8-4-16 A case worker shall be employed for a section independent of the enforcement division of an immigration control bureau. His duties shall be as follows: a- To give due consideration to the detainee for his rights, health and treatment in general. b- To get in touch with outside organizations as necessary, including embassies, hospitals and NGOs. c- To offer an opinion on detention to the Ministry of Justice and any other third party. 8-5 Stricter requirements for detention 8-5-17 Abolish mandatory detention. (See 1-2-2.) 8-5-18 Provide more strict requirements for detention and stipulate the requirement for the prohibition of detention (asylum seekers, infants, children at school age, pregnant women and sick persons not to be detained.) (See 1-2-2.) 8-5-19 Employ a facilitator to help the deportee follow the deportation procedure at home, and a- To give him advice on how to follow the procedures to return home. b- To visit him as necessary to give guidance. c- The facilitator is entitled to offer an opinion on detention to the Ministry of Justice. d- To act like a probation officer. 8-5-20 Set the highest limit on the period of detention. None shall be detained for a long period of time or indefinitely. 8-5-21 An order for detention shall be issued to put one under detainment, provided, however, that the following conditions are satisfied: a- Detainment by means of an order for detention shall be no longer than 15 days. Extension is allowed only once, and detention shall not be longer than a total of 30 days. b- Deportation shall be carried out within 10 days after an order for deportation is issued. In the event that an order issued is not executed within such a period (suspension of execution due to a formal objection or for any other reason), the detainee shall be provisionally released within 10 days. If one is forced to be detained (because of a stipulated requirement), the reason must be disclosed to him and he will be detained for a maximum period of 15 days according to a new order for detention. The period may be renewed. c- That failing to raise sufficient funds to return home shall not be a reason to detain him after an order for deportation is issued. 8-5-22 Related laws and written documents including order for deportation shall be produced in the deportee's first language and be shown to him. 8-5-23 When the deportee is put under arrest, an interpreter must accompany him/her. A child of a deportee shall never be used as an interpreter. 8-6 Proper detainment of those who were denied landing permit in Japan 8-6-24 Detaining one shall be according to an order for detention. An order for detention shall be issued within 24 hours after one is denied entrance into Japan and is put under arrest. 8-6-25 The period of detention at a landing prevention facility shall not be longer than 3 days. If it lasts more than 3 days, the detainee shall be moved to a detention center. 8-6-26 A foreign national who seeks asylum shall be given an opportunity to land in Japan for provisional asylum. 8-6-27 Those foreign nationals who are detained in the landing prevention facility shall be entitled to meet and communicate with a lawyer and other third parties. (The Bar Association provides a defense counsel system.) 8-6-28 Detailed rules with due consideration to the human rights of those who are denied permission to land shall be established in terms of their treatment. Stricter supervision shall be carried out on those who are on guard duty. 8-7 Establishing a third-party organization to oversee immigration procedures(See 10.) 8-7-29 The members of the highest decision making mechanism of the organization shall be elected from among those in government, men/women of intelligence and representatives of NGOs. 8-7-30 The third-party organization shall be independent of the governmental ministries and agencies, including the Ministry of Justice in terms of authority. 8-7-31 The organization shall have the following functions and authorities as follows: a- Receives complaints about the violation of human rights. b- Has the authority to enter the detention facilities and make inspection without conditions and on a periodic basis. c- Has the authority to interview detainees unconditionally. d- Has the authority to give a recommendation or order to the immigration administration. 8-7-32 The Immigration Control Bureau shall report to the third-party organization the following: a- When they used solitary confinement and a warning means prior to confinement. b- When they set a limit on a detainee's communications with outside. c- Record of medical treatment of detainees. d- When they set a limit on a detainee's rights or impose a certain obligation on him. 8-7-33 The detainee is entitled to make contact with third-party organizations unconditionally on the following: a- Report of treatment. b- Official objection to detention. c- Official objection to the extension of detention. d- Official objection to deportation. 8-7-34 Discussion shall be started to re-organize the third -party organization in the future into another third-party organization equipped with the authority to deliberate about and judge orders for detention, including making an official objection to an order for detention and suspending the execution of such an order.

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